Rajya Sabha debates; September 2,
1953 BHARAT RATNA DR BHEEM RAO AMBEDKAR UNION
LAW MINISTER DELIVERED HIS SPEECH
BEFORE RESIGNATION
"Now, Sir," the member
said, "we have inherited a tradition. People always keep saying to me:
'Oh, you are the maker of the Constitution.' "My answer is I was a hack.
What I was asked to do, I did much against my will."
He ridiculed the "notions of
democracy" the country had acquired because of its hatred of the British,
like the notion that to leave any discretionary powers with the Governor is
undemocratic. "We have inherited the idea that the Governor must have no
power at all, that he must be a rubber-stamp," the member explained.
"If a minister, however scoundrelly he may be, if he puts up a proposal
before the Governor, he has to ditto it. That is the kind of conception about
democracy which we have developed in this country," he continued.
"But you defended it,"
interjected a member from Rajasthan.
"We lawyers defend many
things....," said the member. Several members were on their feet
protesting.
He proceeded to ask the Home
Minister: “were our Constitution to give discretionary powers to Governors on
the lines of the Canadian Constitution, how would it become undemocratic?” The
Home Minister said his answer was that the member had been responsible for
drafting the Constitution. The member shot back, "You want to accuse me of
your blemishes?"
He returned to the point a little
later in his speech : "Sir," he said, "my friends tell me that I
have made the Constitution. But I am quite
prepared to say that I shall be the first person to burn it out. I do not want
it. It does not suit anybody...."
The member ? B.R. Ambedkar, of
course!
+++
“इस देश में जो दलित है उन्होंने गलत ही सही, मन में एक बात बैठा ली है कि इस संविधान को भीम राव अम्बेडकर ने बनाया है और जो लोग इसे नकार रहे हैं वे सब भीम राव अम्बेडकर को नापसन्द करते हैं। इसलिए इसे नकारते हैं। इस तथ्य को हम लोग और बारीकी से समझे। अम्बेडकर ने कभी भी यह दावा नहीं किया कि मैंने यह संविधान बनाया। इसके विपरीत अम्बेडकर ने २ सितम्बर, १९५३ को राज्य सभा में कहा कि इस संविधान को आग लगाने की जिस दिन जरूरत पड़ेगी,
मैं पहला व्यक्ति रहूंगा जो इसे आग लगाउॅंगा। यह राज्य सभा की कार्यवाही का हिस्सा है। एक बात और समझने की है कि भीमराव अम्बेडकर संविधान सभा की ड्राफिटंग कमैटी के चेयरमैन थे और मेरे अध्ययनानुसार सदस्य भी थे। बाकी तेरह नाम और भी थे। वे सब बड़े-बड़े नाम थे। यदि हम उन सबका रोजनामचा देखें, जो संविधान सभा की प्रोसिडिंग का पार्ट भी है, तो मालूम होगा कि ये सब लोग अपने चुनाव क्षेत्र में घूम रहे थे। उन्होंने देख लिया था कि संविधान वगैरा तो बन ही जायेगा। हमें पहले चुनाव जीतने की चिन्ता करनी चाहिये जिसके बल पर अगली लोकसभा में आना है। उसी समय माउन्ट बैटन ने अपनी पत्नी लेडी माउन्ट बैटन की कैद में रखकर बी. एन. राव से जैसा चाहा वैसा संविधान बनवाया। संविधान सभा की जो प्रोसिडिंग है उसकी बिटविन दी लाइन्स आप पढ़ेंगे तो सब पता चल जायेगा। आज जो परिस्थिति है उसमें हमें नयी संविधान सभा की बात करनी चाहिये।“
Emerson who wrote: “Is it so bad
then to be misunderstood? Pythagoras was misunderstood, and Socrates, and
Luther, and Copernicus, and Galileo, and Newton, and every pure and wise spirit
that ever took flesh. Like wise the Jurisdiction
of court is like that of constructor of a building which has either perfection
or many defects. The final word of posterity is dependent upon the skill and
calibre of builder who may heartily desire to build up it like expert builders
with architectonic virtues to amend or/and add some material both by method and
uniformity and if the structure itself does not found ventilation for the want
of windows and lake of sufficient light or other deficiency in the
architecture, whatsoever, then to demolish the existing structure, only than we
may blessed the amending hand as if the trumpet idea gives an uncertain sound
who shall prepare himself to the battle? The jurisdiction of the court is
founded on the basis of three factors; one to enforce the uniform applicability
of law, irrespective of the fact, who is before it by the litigant. Second is
pertaining to maintain uniformity in imparting the justice, as the law may not
be swept away by mere ideological, sentimental and psychological retardation in
interpreting the statutory provision. Thirdly, in order to get the equity and
justice pertaining to the factual matrix closer to the rigmarole of the
technicalities of the law and to take justice at the doorstep of law. Likewise justice should speak by tongue,
word easy to understood, otherwise how a common man will understand and know
what is spoken, if the justice shall be spoken into the air?
In our
murky world of gloom, greed and agony, our duty is to save the country by means
of a compassionate recipe a la Vivekananda.
It is
better to be ultimately right than consistently wrong. To conceal the truth
with regard to assets is unbecoming of fiat justicia, civilised justice,
justices and justicing. Sorry, chief. You still can hold a kindly light amid
the encircling gloom. No more darkness, but light. You are still the leader of
luminous law and untainted truth, without fear or favour.
You see , the Indian Independence Act, 1947 declaring two domains
under the crown of British India as the Member of the Common Wealth, where
Queen of England is still the citizen of all the members of Common wealth
Nations and she as Queen of England, still has a place above to the Prime
Minister and Our (ceremonial) President of India and also above the head of the
State of other Nations adhered with the Common wealth. There should not be such short sentences as we may
forget the use of verbs which may reconcile the idea into action. There is an
inbound difficult situation faced by the lawyers on account of the competition
and the restrictions imposed debarring him to perform any business may further
need for stagnation of the earning of a lawyer. This may result in the
financial crisis affecting the family members and as such the litigants are
commonly deceived by these problem ridden lawyers in generating false hopes.
The Government has yet not generated a policy of providing legal assistance to
the litigant. The medical facility and
facilities for transportations are provided to the citizens from the hospital
and the bus stand respectively, by the Government , but the litigant craving
for the indulgence of the justice from the court of law is seldom getting the
means to travel up to the door of the
court. A system has to be evolved to provide cheaper legal opinion and
simplifier system of the pleading to get the relief.
Thus
in absence of the Status to be the self respected nation or even as a Country
in its true senses, like other nations of the World, can we still claim , the
"WE, The People" as the citizen of an independent Nation, or may be
dignified as the Slave under the Alien Institutional Corruption prevalent in
our So call British India and Anglo Saxon Jurisprudence. The awakened robes have righted the
absurd wrong of the chief. I salute you for overruling the jejune wrong; the
jurisprudence of concealment is corruption. Corruption is the power of the
rich. The robe shall not permit to be robbed by the rich. .” Any judge who
seeks immunity from truth under the cover of the robe robs the rights of We,
the People of India, the sovereign of Bharat.The court is an open book and if
the Bench seeks an iron curtain between its economic interest and the litigant
community it is violative of glasnost.
iske proof ka koi link ya video mil sakta hai kya ????
ReplyDeleteSorry for late comment. This is the official Rajya website debate on 2nd Sept 1953.
ReplyDeletehttps://rsdebate.nic.in/handle/123456789/588187?viewItem=search